Bhaskar Nethi v. Meritor Technology Llc
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (TM)A/10/2025 in OP(TM)/14/2023 Bhaskar Nethi Proprietor Of Auto India Trade Corporation, 4-2-121, Vst Colony, Nacharam, Hyderabad 500 076. Also At 4-1-82/5f, Bhavani Nagar, I, Nacharam, Medchal, Malkajigiri, Rangareddy, Hyderabad - 500 076 And Plot No.2 A, B.No.42, Tsiic, Auto Nagar, Baghhayath Nagar, Rr District, Telangana - 500 070 ... Applicant -vsMeritor Technology Llc 2135, West Maple Road, Troy, Michigan 48084, Represented Herein By Its Power Of Attorney Holder Mr.Ritam Rawal, Having Office At 8th Floor, Tower A, Millenium Plaza, Sector 27, Gurugram, Haryana - 122 009 and another ... Respondents For Applicant : Mr.O.Padmaprakash For Respondents : Mr.Abishek Jenasenan for R1 Mr.K.Subbu Ranga Bharathi, CGSC for R2 **********
ORDER
By this application, the first respondent seeks leave to file and rely on 1/3
the documents listed in the Judge's summons. On perusal, it appears that SENTHILKUMAR RAMAMOORTHY,J rna these documents are Income Tax Return acknowledgments relating to the first respondent for four successive assessment years, invoices, with or without e-way bills, and a sanction letter from the Central Bank of India to Auto India Trade Corporation.
2. In the affidavit in support of this application, it is stated that these documents are relevant and material to support the contentions in paragraph 3 of the counter statement of the first respondent.
3. Learned counsel for the petitioner submits that these documents have been filed belatedly.
4. On examining the documents, particularly the invoices, it appears that these documents are directed at establishing use of the impugned mark by the first respondent. Therefore, these documents appear to be relevant. Notwithstanding the delay in filing the same, in the overall facts and circumstances, the applicant / first respondent has established reasonable cause. Therefore, this application is allowed and these documents are received.
03.04.2025 (1/2) rna (TM)A/10/2025 2/3
in OP(TM)/14/2023 3/3